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796 So. 2d 647

Guevarra v. State

District Court of Appeal of Florida

Decided October 24, 2001

District Court of Appeal of Florida · decided 2001-10-24

Decided 2001-10-24

¶1CONFESSION OF ERROR

PER CURIAM.

¶2We reverse the summary denial of defendant’s motion for post-conviction relief upon the state’s confession that defendant’s plea, although voluntary, was not intelligently entered because he did not receive an explanation of the possibility and consequences of being sentenced as a habitual offender before accepting the plea. Furthermore, the state concedes that the defendant does not qualify as a habitual offender. Accordingly, we remand with directions to re-sentence defen*648dant under the sentencing guidelines, or permit him, if he chooses, to withdraw his plea.

¶3Reversed and remanded with instructions.

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